On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 31/07/2009.
PART III
RIGHTS AND OBLIGATIONS OF SUBSIDIARY PROPRIETOR
16.
—(1) In respect of each lot there shall be implied —
(a)
in favour of the subsidiary proprietor of the lot, and as appurtenant thereto, an easement for the subjacent and lateral support thereof by the common property and by every lot capable of affording support; and
(b)
as against the subsidiary proprietor of the lot, and to which the lot shall be subject, an easement for the subjacent and lateral support of the common property and to every other lot capable of enjoying support.
[16/87]
(2) The easement of support created by this section entitles the subsidiary proprietor of the dominant tenement to enter on the servient tenement to replace, renew or restore any support.
[16/87]
17.
—(1) Every subsidiary proprietor is entitled to have his lot sheltered by all other parts of the subdivided building that are capable of affording shelter.
[16/87]
(2) The right created by this section is an easement to which the aforesaid parts of the subdivided building are subject.
(3) The easement of shelter created by this section entitles the subsidiary proprietor of the dominant tenement to enter on the servient tenement to replace, renew or restore any shelter.
[16/87]
18. In respect of each lot there shall be implied —
(a)
in favour of the subsidiary proprietor of the lot, and as appurtenant thereto, easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services (including telephone, radio and television services) through or by means of any pipes, wires, cables or ducts to the extent to which those sewers, pipes, wires, cables or ducts are capable of being used in connection with the enjoyment of the lot; and
(b)
as against the subsidiary proprietor of the lot, and to which the lot shall be subject, easements for the passage or provision of water, sewerage, drainage, gas, electricity, garbage, artificially heated or cooled air and other services (including telephone, radio and television services) through or by means of any sewers, pipes, wires, cables or ducts, as appurtenant to the common property and also to every other lot capable of enjoying such easements.
19.
—(1) In respect of each lot and the common property, there shall be implied in favour of the subsidiary proprietor of the dominant tenement and against the subsidiary proprietor of the servient tenement —
(a)
easement for uninterrupted access and use of light to or for any windows, doors or other apertures existing and enjoyed at the date of registration of the relevant strata title plan; and
(b)
the right to maintain and use over-hanging eaves and other projections existing at the date of registration of the relevant strata title plan.
[16/87]
(2) There shall be implied as appurtenant to the common property and subservient to any lot affected —
(a)
an easement for the provision of any service through any installation in any lot; and
(b)
an easement for support by any lot capable of providing support.
(3) This section shall also extend to a lot for which a subsidiary strata certificate of title has been issued before 15th April 1976.
[16/87]
20. All ancillary rights and obligations reasonably necessary to make easements effective shall be implied whenever easements are created or implied by and under this Act.
21. The easements implied or created by this Act take effect and are enforceable without any memorial or notification on the folios of the subsidiary strata land-register and section 97(5) and (6) of the Land Titles Act (Cap. 157) does not apply to such easements.
22.
—(1) This section shall apply where a management corporation has, in accordance with section 35(1) of the Building Maintenance and Strata Management Act (Cap. 30C), passed a unanimous resolution to —
(a)
execute on the behalf of its subsidiary proprietors a grant of easement or a restrictive covenant burdening the parcel;
(b)
accept on their behalf a grant of easement or a restrictive covenant;
(c)
surrender on their behalf a grant of easement or a restrictive covenant burdening the parcel; or
(d)
accept on their behalf a surrender of a grant of easement or a restrictive covenant.
[47/2004]
(2) The management corporation, if it is satisfied that the resolution was duly passed, and that all persons having registered interests in the parcel have consented in writing to the manner of creating those interests in respect of the registered land comprised in the proposed disposition, shall execute the appropriate instrument and that instrument is valid and effective without any execution by any person having an interest in the parcel.
(2A) The receipt of the management corporation for any moneys payable to the management corporation under the instrument mentioned in subsection (2), is a sufficient discharge and exonerates the person taking under the instrument from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.
(3) Every instrument creating the easement or restrictive covenant lodged for registration shall be endorsed with or accompanied by a certificate in the prescribed form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of a purchaser and the Registrar shall be conclusive evidence of the facts stated therein.
(4) The Registrar shall register the instrument creating the easement or restrictive covenant by making the appropriate notification on the relevant folio of the land-register.
[37/2004]
23.
—(1) This section shall apply where a management corporation has, in accordance with section 34(1) of the Building Maintenance and Strata Management Act (Cap. 30C), passed a 90% resolution as defined under that Act —
(a)
to execute on the behalf of its subsidiary proprietors a transfer of any part of the common property (including a part of any building or any immovable property affixed to common property); or
(b)
to execute on their behalf a lease of or rent part of such common property.
[47/2004; 42/2005]
(2) The management corporation, if it is satisfied that the resolution was duly passed, and that all persons (other than the subsidiary proprietors) having registered interests in the parcel have consented in writing to the release of those interests in respect of the registered land comprised in the proposed transfer or lease, and that the relevant authority has consented in writing to the proposed transfer or lease so far as it affects subdivision and amalgamation of the land comprised therein, shall execute the appropriate instrument.
[47/2004]
(2A) The instrument mentioned in subsection (2) shall be valid and effective without execution by any person having an interest in the common property, and the receipt of the management corporation for any moneys payable to the management corporation under the instrument is a sufficient discharge, and shall exonerate the purchaser from seeing to the application or being answerable for any loss or misapplication of the moneys expressed to have been so received.
[16/87]
(3) Every instrument of such transfer or lease lodged for registration shall be endorsed with or accompanied by a certificate in the approved form under the seal of the management corporation that the resolution was duly passed and that all necessary consents were given, and the certificate in favour of the purchaser and the Registrar shall be conclusive evidence of the facts stated therein.
[47/2004]
(4) Upon registration of the transfer by the Registrar, the part of the common property transferred shall be free from any encumbrances (except those created by statute and subsisting easements not created or implied under this Act) and the Registrar shall —
(a)
enter a memorial of the transfer on the folio of the land- register comprising the parcel;
(b)
amend the relevant folios of the land-register and subsidiary strata land-register in such manner as the Registrar may think fit so as to show thereon the part of the common property which has been transferred; and
(c)
issue to the transferee a certificate of title for the land transferred.
[16/87; 37/2004; 47/2004; 42/2005]
Vesting of part of common property in Government for roads, streets, road reserves, road widening, drainage reserves or for any other public use as shown on plans approved by relevant authority
24.
—(1) Where any part of land comprised in the common property of a parcel has been demarcated in any plan approved by the relevant authority for roads, streets, road reserves, road widening and drainage reserves or for any other public use, that part of the common property as demarcated for any of the above purposes shall become vested in the Government upon the registration by the Registrar of an instrument of vesting in the approved form lodged by the public authority.
[42/2005]
(2) The Registrar, if satisfied that the instrument of vesting relates to part of the common property as shown in the plan approved by the relevant authority for any of the purposes mentioned in subsection (1) and that the instrument has been duly executed and certified by the public authority, shall, notwithstanding that any part of a building within one or more lots is erected on, over or under any part of such common property, register the instrument on the relevant folio of the land-register without production of the duplicate instrument.
(2A) Upon registration under subsection (2), the estate or interest in the part of the common property comprised in the instrument of vesting shall vest in the Government freed and discharged from all encumbrances and from any subsisting easements.
(3) On registration of the instrument of vesting, the Registrar shall cancel the registration of any mortgage, charge or lease thereby overreached and make the appropriate notification on the relevant folio of the land-register comprising the common property.
[37/2004]
(4) The land thereby vested in the Government shall cease to be subject to the provisions of the Land Titles Act (Cap. 157) and the Registrar shall enter an appropriate notification to that effect on the relevant folio of the land-register, and create a new folio for the balance of the common property which remains vested in the subsidiary proprietors.
25.
—(1) This section shall apply where a management corporation has, in accordance with section 34(3) of the Building Maintenance and Strata Management Act (Cap. 30C), passed a special resolution to accept —
(a)
a grant or transfer of any land (not being a lot within the parcel) which abuts the parcel, free from any encumbrances (except those created by statute and subsisting easements);
(b)
a grant or transfer of any lot, including the undivided share in the common property appurtenant to that lot, free from any encumbrances (except those created by statute and subsisting easements); or
(c)
a lease of land, not being a lot within the parcel, whether or not it abuts on the parcel,
for the purpose of creating additional common property.
[47/2004]
(2) The transfer lodged for registration shall contain a request to the Registrar that such land or part thereof, or the lot transferred, as the case may be, be included as part of the common property.
(3) Upon registration of the transfer, the Registrar shall —
(a)
enter a memorial of the transfer on the folio of the land- register comprising the common property;
(b)
amend the relevant folios of the land-register and subsidiary strata land-register in such manner as the Registrar may think fit so as to show thereon the transferred land or part thereof or the lot transferred as forming part of the common property; and
(c)
where a lot is transferred, amend the relevant folios of the subsidiary strata land-register to decrease the aggregate share value by a number equivalent to the share value of that lot.
[37/2004]
(4) Upon registration of the transfer by the Registrar —
(a)
the transferred land or the transferred lot, as the case may be, shall form part of the common property and the provisions of this Act applicable to common property as varied by this section shall apply to such transferred land or lot;
(b)
the subsidiary proprietors shall hold the common property (including the transferred land or lot) as tenants-in-common in accordance with their respective share values as determined under subsection (3); and
(c)
without any further assurance the subsidiary proprietors shall hold the common property in the following manner:
(i)
where the tenure of the transferred land is similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the common property (including the transferred land) for the same term and tenure as tenants-in-common in the manner as provided in paragraph (b);
(ii)
where the tenure of the transferred land is not similar to that of the common property held by the subsidiary proprietors prior to the date of the registration of the transfer of such land, the subsidiary proprietors shall hold the entire term and tenure transferred to and accepted by the management corporation on behalf of the subsidiary proprietors as tenants-in-common in the manner as provided in paragraph (b);
(iii)
where a lot is transferred, the term and tenure of that lot which comprises the additional common property shall be held for the same term and tenure as that of the lots held by the subsidiary proprietors prior to the date of the registration of the transfer; and
(iv)
if there is a subsisting registered mortgage, charge, lease or sub-lease or any other encumbrance on the lot of a subsidiary proprietor, the undivided share or shares in the transferred land or transferred lot forming the additional common property shall be held by the subsidiary proprietor of the said lot subject to the same mortgage, charge, lease or sub-lease or any other such subsisting encumbrance.
[23/82; 37/2004; 47/2004]
(5) Any reference to a transfer or transferred land in this section shall include a lease of land referred to in subsection (1)(c).
[47/2004]
26.
—(1) This section shall apply where 2 or more management corporations have, in accordance with section 34(5) of the Building Maintenance and Strata Management Act (Cap. 30C), passed their respective special resolutions to amalgamate their respective common properties; and the relevant management corporation shall execute an instrument of transfer.
[47/2004]
(1A) Upon registration of the instrument of transfer, such common property shall be amalgamated and held in the shares proportionate to their respective share values subject to the same covenants, conditions and encumbrances, and for the same term and tenure then held by the subsidiary proprietors in respect of their respective lots prior to the date of the registration of the transfer by the Registrar.
[47/2004]
(2) Such transfer shall show the undivided proportionate shares to be held by each subsidiary proprietor named therein and shall be executed by the relevant transferor management corporations.
(3) The procedure laid down in section 23(2), (2A), (3) and (4) shall apply, with the necessary modifications, to the transferor management corporations and the subsidiary proprietors of the parcels to be amalgamated under this section.
(4) Upon the amalgamation of the common property pursuant to the registration of the transfer by the Registrar —
(a)
the transferor management corporations shall be amalgamated into a single management corporation (referred to in this section as the transferee management corporation) which shall be responsible for all matters relating to the management of the subdivided buildings and the common property relating thereto;
(b)
all the members of the transferor management corporations shall be the members of the transferee management corporation;
(c)
all the members of the management councils of the transferor management corporations shall, until a new management council is elected for the transferee management corporation, be deemed to be the members of the management council of the transferee management corporation;
(d)
all the properties of the transferor management corporations shall be deemed to be transferred to and vested in, and all the liabilities of the transferor management corporations shall be transferred to and become the liabilities of, the transferee management corporation; and
(e)
all legal proceedings pending by or against the transferor management corporations may be continued by or against the transferee management corporation.
(5) In this section —
“liabilities” includes duties;
“properties” includes rights and powers of every description.
27.
—(1) Every instrument of transfer or acceptance of a transfer lodged for registration under section 36 of the Building Maintenance and Strata Management Act (Cap. 30C) shall be accompanied by a certified true copy of the order of the court made under that section directing such transfer or acceptance of a transfer, and where the approval of the competent authority is required for any subdivision and amalgamation of any land or common property, a true copy of the approval given by the competent authority shall be lodged with such instrument.
[47/2004]
(2) Upon the registration of the transfer by the Registrar —
(a)
in the case of a disposition of all or part of the common property, all subsidiary proprietors and other persons having registered interests in the common property shall be bound to accept the terms of the order of court and section 23(4) shall apply, with the necessary modifications, to such transfer;
(b)
in the case of an addition to the common property, section 25(3) and (4) shall apply, with the necessary modifications, to such transfer; and
(c)
in the case of the amalgamation of the common property of 2 or more management corporations, sections 23(4) and 26(2), (4) and (5) shall apply, with the necessary modifications, to such amalgamation.
[47/2004]
28. No action shall be brought by any person claiming title by adverse possession to the common property of a parcel or to any accessory lot or any part thereof created under this Act and the provisions of the Limitation Act (Cap. 163) relating to adverse possession shall not extend to such common property and accessory lot.
29. Unity of seisin in 2 or more lots does not destroy easements or restrictions implied or created by this Part, but on the cessation of such unity they continue in full force and effect as if the seisin had never been united.
30.
—(1) Each lot including a provisional lot (except an accessory lot) shown in a strata title plan shall have its share value determined as shown in the strata title application registered under section 9.
[37/2004]
(1A) In the case of a strata title plan comprising land and buildings in respect of which planning permission has been granted on or after 15th April 1976, each lot shown in that plan shall have the share value as shown in the schedule of strata units filed with and accepted by the Commissioner under section 11 of the Building Maintenance and Strata Management Act (Cap. 30C).
[37/2004; 47/2004]
(2) The share value of a lot shall determine —
(a)
the voting rights of the subsidiary proprietors;
(b)
the quantum of the undivided share of each subsidiary proprietor in the common property; and
(c)
the amount of contributions levied by a management corporation on the subsidiary proprietors of all the lots in a subdivided building.
[16/87]
31.
—(1) No assurance of any provisional lot for which a subsidiary strata certificate of title is issued shall be registered under this Act and the Registrar shall enter an appropriate caution on the relevant subsidiary strata certificate of title prohibiting any assurance of the provisional lot comprised therein from being registered.
[23/82]
(2) Where an assurance of any provisional lot has been registered, such registration shall not pass any title or interest in the said provisional lot, and the Registrar shall, on discovery of the registration, cancel the registration, and no person affected by such cancellation shall be entitled to any compensation from the assurance fund.
(3) The subsidiary proprietor of a provisional lot shall be required to lodge the relevant duplicate subsidiary strata certificate of title and an application with the Registrar for the cancellation of the Registrar’s caution referred to in subsection (1) immediately after the relevant authority has certified to the effect that all buildings within the provisional lot have been completed to the satisfaction of the relevant authority.
(4) The Registrar, after receipt of the application lodged for cancellation of the Registrar’s caution referred to in subsection (1) and being satisfied that all buildings within the provisional lot have been completed to the satisfaction of the relevant authority, shall cancel the caution endorsed on the subsidiary strata certificate of title and make the appropriate deletion of the word “provisional” wherever it appears as relating to that provisional lot in the records maintained by the Registrar, and thereupon that provisional lot shall constitute a lot under this Act.
(5) Where the word “provisional” has been deleted by the Registrar under subsection (4), any part of the lot which is capable of forming part of the common property comprised within the same parcel as shown in the strata title plan which was first registered with the Registrar shall form part of the common property in relation to all the lots comprised within the same parcel as described in the strata title plan registered with the Registrar without the need for a resolution made under section 25 directing the management corporation concerned to accept a transfer of such part of the lot to form part of the common property.
(6) Except as provided in subsections (1), (2) and (3), the provisions of this Act relating to a lot shall apply in all respects to a provisional lot.
(7) In this section, “assurance” shall not include any mortgage or charge or any application for vesting made under this Act.
[16/87]
32. Any term or condition contained in a lease, granted in respect of a lot (whether created before, on or after 15th April 1976) creating a leasehold interest of a term of not less than 21 years computed as from the date of the lodgment of the lease with the Registrar, which seeks to deprive or deny the lessee under the lease of his rights to exercise the powers conferred upon him by this Act as the subsidiary proprietor of the lot relating to the management of the subdivided building and the common property shall have no effect.
[16/87]